(Newswire.net — March 23, 2022) — When you are injured at work, you need to know your rights. Therefore, it would be best to speak with an experienced lawyer about your case to understand your legal options. An experienced lawyer will understand the law and will be able to explain your rights. Without legal representation, you may lose a case that is important to you. In addition, it can be difficult for an individual to understand their rights alone due to their lack of knowledge or experience with the law.
What is Workers’ Compensation?
Workers’ compensation is a system that provides benefits for employees who are injured on the job. These benefits can include medical care, rehabilitation, and lost wages. The employer pays for all of these benefits with insurance coverage. It is important to note that in South Carolina when an employee is hurt on the job, the SC Workers Compensation Commissioners don’t consider the worker’s fault in the accident. In this no-fault system, injured workers are entitled to compensation unless they intentionally hurt themselves, engaged in fraud, or suffered injuries because they were drunk/intoxicated at work.
The Process of Getting a Workers’ Compensation Settlement in South Carolina
Getting a workers’ compensation settlement in South Carolina is pretty straightforward. According to a South Carolina workers’ compensation lawyer, it starts with a series of notifications between the employee, the employer, and the insurance company that handles the employee’s benefits. At this point, the hurt worker should retain legal assistance; the insurance company does so. It is best to have an attorney analyze all the documents and notifications you receive, as you will most likely get lost in the “legalize.”
Moreover, you will have to choose a settlement option and be very careful about your rights. For instance, if you have been permanently or partially disabled because of your work accident, an experienced attorney will do everything in their power to get you the most extensive benefits available in workers’ comp. Also, remember that you have 60 days to contact your attorney and provide proof of payment for all the medical expenses related to your work accident.
How to Get a Workers’ Comp Settlement?
Getting a workers’ comp settlement is very simple, but it does take time. If you’re ready to get your compensation check, then you must follow these steps:
- Seek medical treatment for your injury or illness
- If necessary, obtain a disability rating
- Retain legal counsel to deal with all communications, notifications, and documents circulating between you, your employer, and the insurance company
- Fill out the application for workers’ comp benefits
- File your workers’ comp claim
- Wait for the attorney to represent you and negotiate the settlement
- Sign the documents after your attorney explains what everything means and what you should expect from that point further.
In the best-case scenario, you will get the settlement check after your attorneys receive the filed copies of the settlement documents, Form 61, and the order approving their fees.
How Long Does It Take to Get a Workers’ Comp Settlement in SC?
If a person is injured at work, it can be challenging to know how long it will take for your case to end. Unfortunately, workers’ compensation laws are different in every state, so there isn’t one answer you’ll find online. The good news is that some general guidelines can help you estimate how long your case might take.
First, consider whether the worker’s comp settlement check has already been sent out. If the insurance company has already paid out damages as per the settlement, then you’re good to go. If not, you will most likely have to wait for your attorney, your employer, and the insurance company to reach an understanding. Although rare, you might have to go to court in some cases. If you want to bring a civil lawsuit against a third party (the manufacturer of a machine that broke, causing you to work injuries), your attorney will advise you accordingly.
However, to answer the question more clearly, an injured worker will generally receive their settlement check in about two months if all goes well.
What if one is denied a workers comp settlement
If you are denied a workers comp settlement, or if the amount of the compensation doesn’t match what you were told to expect at the time of your injury, then you should contact an experienced workers’ comp lawyer in South Carolina immediately. These cases aren’t complicated and shouldn’t take long to resolve. However, if you wait too long, your case may be harder to win. This is because your employer or their insurance company will have more time to find ways to defend their position and make their case even more substantial.
Conclusion
South Carolina is a state with specific laws on handling a workers comp settlement. To get compensation in SC, you must provide documentation of your injuries and prove that you cannot work. Getting compensation may be a long and challenging process that requires patience and the support of a skilled attorney.
About the author:
With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters and to find the proper resources so they can stand up for their rights.